[Federal Register Volume 67, Number 222 (Monday, November 18, 2002)]
[Rules and Regulations]
[Pages 69473-69478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29028]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD06


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is postponing the 
implementation of some existing snowmobile regulations in Yellowstone 
National Park, the John D. Rockefeller, Jr., Memorial Parkway, and 
Grand Teton National Park for one year. This additional time is needed 
because the NPS has not had sufficient time to plan for and implement 
the NPS-managed, mass-transit, snowcoach-only system outlined in the 
existing Winter Use Plan and Record of Decision and to complete the 
Supplemental Environmental Impact Statement (SEIS).

DATES: This rule becomes effective December 18, 2002.

FOR FURTHER INFORMATION CONTACT: Kym Hall, Regulations Program Manager, 
National Park Service, 1849 C Street, NW., Room 7248, Washington, DC 
20240. Phone: (202) 208-4206. Email: [email protected].

SUPPLEMENTARY INFORMATION: The NPS published the proposed rule on March 
29, 2002 (67 FR 15145). Background information on this rulemaking is in 
the proposed rule.

Analysis of Public Comments

    We provided 60 days for public comment on our proposal, through May 
28, 2002. By midnight of that day, we had received 7,709 comments in 
the form of individual letters, form letters, petitions and e-mails. Of 
the comments, 3,693 supported postponing the implementation of existing 
snowmobile regulations (the proposed rule) and 4,016 opposed the 
proposed rule. We received 403 comments from Gateway communities 
(Gardner and West Yellowstone, Montana, and Jackson and Cody, Wyoming), 
1,195 from the surrounding states of Idaho, Montana and Wyoming 
(outside the Gateway communities) and 6,111 comments from the remainder 
of the United States.
    The comment period for this rule ran concurrently with the comment 
period for the Draft SEIS. It is likely that many of the comments 
received during the rulemaking comment period were more likely intended 
to apply to the SEIS. Many of the comments went beyond the narrow focus 
of the proposed rule and opined on whether the NPS should alter its 
decision from November, 2000, to allow continued recreational 
snowmobile use in the three park units. The pending SEIS process will 
result in a determination of whether such use will occur. At this time 
the NPS believes it can accommodate some level of recreational use in 
the three park units.
    The following is a summary of all substantive comments we received 
on the proposed rule and our responses to them.
    Issue--Over 2,400 comments specifically supported the continued use 
of snowmobiles, objecting to any prohibitions, and encouraging proper 
management and use of new technology to solve snowmobile related 
problems.
    NPS Response--These comments go beyond the narrow scope of the 
proposed rule and address issues under consideration in the SEIS 
process. In that process, NPS is considering alternatives that would 
allow some level of snowmobile use and include several elements of 
snowmobile management that will help to mitigate or resolve existing 
concerns related to snowmobile use. During the winter use season 2002-
2003, NPS is implementing management measures to mitigate the effects 
of continued snowmobile use in the parks.
    Issue 2--Several comments supported alternative 2 developed by the 
cooperating agencies.
    NPS Response--These comments also go beyond the scope of the 
proposed rule. The NPS continues to evaluate the substance of 
alternative 2 in the SEIS process.
    Issue 3--A few commentors said that they believe snowmobiles do not 
harm wildlife or the environment.
    NPS Response--Studies cited in the FEIS document disturbance to 
wildlife and the potential harm to the environment from inadequately 
managed snowmobile use. The pilot program in Yellowstone National Park 
during the winter of 2001-2002 lessened these impacts to some extent. 
If the winter use plan for the three parks includes continued 
recreational use of snowmobiles, the plan will include features to 
further reduce and monitor these impacts.
    Issue 4--Some commentors said that the ban on snowmobiles would be 
too devastating on the economy of local communities.
    NPS Response--Again, these comments go beyond the scope of the 
proposed rule. The FEIS and draft SEIS disclosed potential adverse 
economic consequences from a ban of recreational snowmobile use. The 
NPS chose to phase out such use, rather than implement an immediate 
ban, in part based on those adverse impacts. Consequently, we are 
striving to develop a winter use management plan that continues to 
provide winter access to a variety of visitors while still protecting 
the parks as required by applicable law.
    Issue 5--A few commentors said they wanted to continue to have the 
ability to access the park on their own snowmobile at their own pace 
and that this is the best way to experience the park.

[[Page 69474]]

    NPS Response--This is beyond the scope of the proposed rule, but 
the issue is being considered as part of the SEIS process. The proposed 
rule allows personally owned snowmobiles to be used during the winter 
of 2002-2003.
    Issue 6--Several commentors supported the idea of adaptive 
management so the parks could be responsive to new technology with 
regards to snowmobile management.
    NPS Response--These comments are beyond the scope of the proposed 
rule. The draft SEIS, however, considered two alternatives that 
featured adaptive management strategies.
    Issue 7--Nearly 900 commentors said they do not support any 
proposal for snowmobile access only with a guide.
    NPS Response--Again, these comments are beyond the scope of the 
proposed rule. This issue will be addressed in the SEIS process. 
Current regulations do not require the use of snowmobile guides during 
the winter use season 2002-2003.
    Issue 8--Several commentors expressed support for a 35 mph speed 
limit between West Yellowstone and Old Faithful.
    NPS Response--The speed limit reduction (from 45 to 35 mph) between 
West Yellowstone and Old Faithful during last winter's pilot program 
administratively addressed winter issues in this corridor and is being 
evaluated. It is likely that a similar speed limit reduction will be 
utilized during this coming winter.
    Issue 9--Several commentors supported the idea of partnerships 
between the NPS and private sector to expand winter use education with 
an emphasis on ethics, rules, safety and park appreciation.
    NPS Response--The NPS will consider these ideas when implementing a 
final winter use decision.
    Issue 10--Some commentors said that 4-stroke technology would 
sufficiently curb perceived environmental concerns.
    NPS Response--These comments are beyond the scope of the proposed 
rule but this issue will be addressed in the SEIS process.
    Issue 11--Over 900 commentors believe that snowmobiles and 
snowcoaches can coexist and that one should not be banned in favor of 
the other.
    NPS Response--These comments were beyond the scope of the proposed 
rule. The NPS is using the SEIS process to consider whether to allow 
both kinds of snowmachine use on park routes.
    Issue 12--Nearly 900 commentors supported interim daily entry 
limits based on historic daily averages. Others believe historic annual 
use levels should be maintained.
    NPS Response--These comments are beyond the scope of the proposed 
rule but this issue will be addressed in the SEIS process. One of the 
goals of the NPS is to maintain historic levels of visitation. The SEIS 
process will result in a decision on how to accomplish that goal.
    Issue 13--Several commentors supported the advance sale of park 
permits off-site.
    NPS Response--This implementation feature is beyond the scope of 
the proposed rule. However, based on the results of the pilot program 
instituted during the 2001-2002 winter use season, it is planned that 
advance sale of park permits off-site will continue to occur throughout 
West Yellowstone this coming winter in order to reduce congestion at 
the entrances and to reduce NPS employee exposure to exhaust emissions.
    Issue 14--Some commentors supported reasonable restrictions on 
snowmobiles rather than an outright ban.
    NPS Response--Again, these comments are beyond the narrow scope of 
the proposed rule and address the decision NPS will make at the 
conclusion of the SEIS process. Different alternatives in the final 
SEIS will consider such restrictions (hours of operation, limited 
numbers of entries, speed limits, guided tours or specialized training, 
etc.) in order to mitigate impacts to resources and reduce conflicts 
between user groups. During winter use season 2002-2003, snowmobile use 
in Yellowstone and Grand Teton National Parks will continue at its 
current level.
    Issue 15--Nearly 900 commentors said that travel by snowmobile 
should be discouraged between the hours of 9 pm and 8 am.
    NPS Response--Current snowmobile regulations prohibit operations of 
snowmobiles between the hours of 9 pm and 8 am. For the winter use 
season 2002-2003, the park will be amending the hours of operation to 
prohibit use between the hours of 9 pm and 7 am. This additional hour 
of use in the morning should help alleviate congestion at the West 
Yellowstone entrance. Adjustments in the times of operation for 
snowmobiles and/or snowcoaches may be addressed in the final SEIS.
    Issue 16--Over 1,300 commentors supported the delay of the 
implementation of the existing regulations until the SEIS is complete.
    NPS Response--We agree and expect to have the SEIS complete by 
spring 2003. This delay will enable us to complete the process without 
implementing the 50% reduction that is due to go into effect during the 
winter use season 2002-2003 under the current regulations.
    Issue 17--Nearly 4,000 commentors supported the existing 
regulations and/or a complete prohibition of snowmobiles in the three 
parks.
    NPS Response--The NPS believes that implementing the 50% reduction 
in the winter of 2002-2003, as originally scheduled, is undesirable. 
One purpose of the staged phase-out of snowmobile use was to allow NPS, 
and local communities, sufficient time to convert to a mass-transit 
system within the park units. Both entities need additional time to 
accomplish this conversion. Additionally, under the ongoing SEIS 
process, the NPS is considering whether new snowmobile technology and 
some travel restrictions (such as guided trips and operator training) 
would allow recreational snowmobile use to continue in the park units.
    Issue 18--Some commentors supported the use of mass-transit 
snowcoaches.
    NPS Response--We agree that the use of mass-transit snowcoaches may 
be an effective way to allow the maximum amount of visitors with less 
impact to park resources. Snowcoach use is unaffected by this 
regulation and will continue under the existing regulations.
    Issue 19--A few commentors said that further public comment was not 
warranted and that the original decision/rulemaking process was sound.
    NPS Response--On June 29, 2001, the NPS entered into a settlement 
agreement with the International Snowmobile Manufacturers Association, 
State of Wyoming, and others to complete a Supplemental Environmental 
Impact Statement to the original EIS completed in October 2000. The 
SEIS was to incorporate ``any significant new or additional information 
or data submitted with respect to a winter use plan.'' Additionally, 
the NPS was to consider new information and data submitted regarding 
new snowmobile technologies. Because of the terms of the settlement 
agreement, and because the SEIS must follow the process established by 
the National Environmental Policy Act, soliciting additional public 
comment was legally required. Most importantly, the Secretary of the 
Interior and the Director of the NPS both agree that consultation with 
affected parties is the most productive way to facilitate the decision 
making process.
    Issue 20--A few commentors said the NPS should not be pressured by 
the

[[Page 69475]]

snowmobile industry or business concerns.
    NPS Response--We believe that it is in the public interest for the 
NPS to understand and communicate with all affected stakeholders, 
including the tourism businesses. However, our ability to balance the 
needs of all stakeholders is constrained by the following 
considerations: (1) Resource protection is the highest priority of any 
park; (2) the mandate of preserving park resources unimpaired for 
future generations may limit our ability to meet the desires of the 
commercial tourism industry; (3) the Service must consider the negative 
as well as the positive impacts that tourism may have on park 
neighbors. Additionally, the Service strives to understand the goals, 
capabilities, and limitations of the tourism industry and recognize 
that tourism businesses have financial obligations to meet and 
investments to protect.
    Finally, the Regulatory Flexibility Act requires us to consider the 
economic impact to businesses from our rulemaking decisions. These 
businesses could be anything from snowmobile manufacturers to the hotel 
that provides a room for an out-of-town visitor coming to ride a 
snowmobile.
    Issue 21--A few commentors believe that snowmobiles destroy the 
solitude of the winter experience.
    NPS Response--Within the Final SEIS, we will consider whether and 
how to provide separate areas of use, or vary the use times, for 
different types of winter activities such as snowmobiling, snowcoach 
touring and cross-country skiing. This would allow each user group to 
enjoy the particular kind of experience for which they come to the park 
units.
    Issue 22--Some commentors said that snowmobiles harm wildlife and 
wildlife habitat, threaten human health and safety, and pollute the 
air, ground and water with emissions.
    NPS Response--During the winter use season 2002-2003, we will 
institute management measures that will help address some of these 
concerns. In the SEIS process, we are considering, among other options, 
management strategies to mitigate these impacts through guided tours 
and training to reduce conflicts with wildlife, provide off-site sales 
of passes to alleviate inhalation of emissions by NPS employees at the 
entrance gates, and use of new snowmobile technology to reduce 
emissions into the air, ground and water. Those strategies likely will 
include a monitoring program to evaluate these impacts and ensure that 
such visitor use does not cause unacceptable impacts.
    Issue 23--Some commentors said that snowmobiles destroy natural 
peace and quiet and that they are concerned about the noise.
    NPS Response--Although beyond the scope of this rulemaking the 
final SEIS is considering whether we can lessen the noise impacts from 
snowmobiles and snowcoaches to a point where such use in parks is 
appropriate. Additionally, the monitoring program we anticipated 
developing for the final SEIS will help determine the appropriate long-
term use level to protect the visitor experience in the park units. The 
NPS is not making any changes to snowmobile use requirements as a 
method of reducing noise impacts during the winter use season 2002-
2003. However, the increase in cleaner and quieter technology 
snowmobile engines within rental and administrative fleets may have 
beneficial affects on noise impacts in the park units.
    Issue 24--A few commentors said that snowmobiles ruin the park 
experience for other visitors.
    NPS Response--As previously indicated in this rulemaking, under the 
SEIS process the NPS is considering how to provide a variety of uses to 
allow different user groups each a chance for a unique experience. The 
objective in the SEIS is, in part, to reduce conflicts between user 
groups and allow for more enjoyable experiences regardless of the 
recreational activity. The NPS will continue to implement portions of 
the pilot program started in 2001 including such measures as increased 
grooming of roads, increased presence of NPS staff, and off-site sales 
of entrance passes in order to make the park experience more enjoyable 
for everyone.
    Issue 25--A few commentors believe the NPS is in violation of laws 
and/or the Executive Orders pertaining to park management and off-road 
vehicle use.
    NPS Response--We are cognizant of the legal and policy parameters 
guiding the management of visitor use in the park units. These 
requirements guide this decision as well as the development of any 
future plan for recreational snowmobile use in the parks.
    The one year extension of the phase-out of certain provisions of 
the existing regulation is justified on the same basis as that stated 
with the publication of that regulation in January 2001:

    Under our Management Policies 2000, if there is an impairment of 
park resources and values from ongoing activities, as here, we must 
eliminate it as soon as reasonably possible. If the impairment is 
not from permanent impacts, as here, in determining how soon that 
is, we may make due allowance for avoiding unacceptable social, 
economic, or environmental effects of the action eliminating the 
impairment. (66 FR 7259, January 22, 2001)

    As stated previously, NPS has not had sufficient time to implement 
the NPS-managed, mass-transit, snowcoach-only decision under the 
existing regulation and Record of Decision, and additional time is 
still needed to complete the SEIS. The impacts during the winter of 
2002-03 are, in any event, anticipated to be less than those identified 
in the previous planning effort as a result of the various regulatory 
changes that will go into effect this winter, and the planned enhanced 
pilot project developed on the basis of our experience the past winter.
    Issue 26--Some commentors said that snowmobiles belong on other 
lands (such as National Forests) and that there are plenty of other 
places for them to operate rather than in national parks.
    NPS Response--We agree that there are a number of areas where 
snowmobiles can operate on other lands outside the national parks. We 
also know that visitors to the West Yellowstone area already spend the 
majority of their snowmobile visits utilizing lands outside the park 
units. NPS policy commits us to provide appropriate, high quality 
opportunities for visitors to enjoy parks. We also strive to maintain 
within parks an open, inviting atmosphere accessible to every segment 
of American society.
    Issue 27--More than 1,700 commentors said that the NPS should 
listen to the EPA who said alternative 1a is the best alternative for 
the parks.
    NPS Response--The NPS acknowledges that the presence of snowmobiles 
in these parks, whether operated by the public or the Park Service for 
administrative purposes, will have some level of negative impacts on 
park resources, just as the presence of any motorized vehicle, 
including snowcoaches, will also have negative impacts. We may allow 
such visitor uses so long as we manage them to minimize the impacts and 
ensure the impacts do not impair park resources and values.
    Issue 28--Nearly 2,200 commentors said that they had concern for 
the protection of the park values and that the NPS should be providing 
a refuge away from machines and the other issues of city life.
    NPS Response--NPS can and does allow a variety of recreational uses 
so long as those uses do not cause unacceptable impacts to park 
resources and values. Within the final SEIS, the NPS is considering how 
to provide various use areas throughout the parks

[[Page 69476]]

in order to allow for motorized and non-motorized activities. Each 
person characterizes his or her ``refuge'' and expectations of the 
ideal park visit in a different way. What one person values in the park 
experience may be contrary to another's. The NPS hopes to provide a 
wide spectrum of experiences to visitors from around the country and 
around the world.
    Issue 29--One commentor said they thought the NPS was pre-
decisional in proposing to implement alternative 1b from the draft SEIS 
and that public comments would not properly be considered within that 
process.
    NPS Response--The basis for our determination to continue the 
phase-out of recreational snowmobile use in the parks is explained in 
our responses to issues 4, 17, and 25. This decision is supported by 
the environmental analysis conducted in the FEIS and explained in the 
Record of Decision. As indicated within this final rule, all public 
comments were read and considered.

Snowplanes

    Over 1,200 other letters were received supporting on the continued 
use of snowplanes on Jackson Lake. The NPS specifically indicated in 
the proposed rule that snowplane use would not be reconsidered since it 
was not an element of the SEIS. The use of snowplanes on Jackson Lake 
continues to be prohibited.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is a significant rule and has been reviewed by the 
Office of Management and Budget under Executive Order 12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    This rule would delay most adverse economic impact from the 
existing rule for potentially two winter seasons, and there may be 
economic benefits resulting from the proposed extension. In the 
economic report ``Proposed Restrictions on Snowmobile Riding in the 
Greater Yellowstone Area Under the Delay Rule'' (MACTEC Engineering and 
Consulting of Georgia, Inc., BBL Sciences, and RTI International, 
November 2002) net economic gains are estimated to be between $3.0 
million and $7.3 million. These estimates only include the monetized 
impacts of this rule, and do not include non-monetized values such as 
environmental effects. The full economic analysis can be viewed at 
http://www.nps.gov/yell.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    Implementing actions under this rule will not interfere with other 
agencies or local government plans, policies, or controls. This is an 
agency specific change.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    This rule will only postpone the phase out of snowmobiles for one 
year within specific park units. No grants or other forms of monetary 
supplements are involved.
    (4) This rule may raise novel legal or policy issues.
    The issue of prohibiting snowmobiles or allowing their continued 
use has generated local as well as national interest on the subject in 
the greater Yellowstone area. Previously, tens of thousands of public 
comments were received and analyzed in the development of the FEIS, 
Winter Use Management Plan, and existing regulations.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    After considering the economic impacts of the delay rule on small 
entities, NPS concludes the delay rule will mitigate the impacts on 
small businesses during the winters of 2002-2003 and 2003-2004 relative 
to the impacts under the January 2001 rule. The NPS projects higher 
total levels of revenue for firms providing unguided and guided 
snowmobile rentals and snowcoach tours in those winters.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    This rule would delay most adverse economic impact from the 
existing rule for one year, there may be economic benefits resulting 
from the proposed extension.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    Delaying the implementation of current snowmobile regulations for 
one year will have little effect on costs or prices for consumers, 
individual industries or any government agency.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.
    This rulemaking has no effect on methods of manufacturing or 
production and specifically influences only the Greater Yellowstone 
region of Wyoming, Montana and Idaho, not national or U.S. based 
enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local or tribal governments or the private sector.
    This rule postpones the implementation of existing snowmobile 
regulations for one year. It imposes no other requirements on other 
agencies, governments, or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications.
    This rule proposes to delay the implementation of certain existing 
snowmobile regulation for one year. Owners of private property within 
the boundaries of Grand Teton National Park will still be afforded 
access to their private property during the winter use season. No other 
property is affected.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.
    This proposed rule effects use by the public of NPS administered 
lands. It has no outside effects on other areas and only addresses a 
portion of the use within parks.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more

[[Page 69477]]

parties and a submission under the Paperwork Reduction Act is not 
required. An OMB form 83-I is not required.

National Environmental Policy Act

    In 2000, NPS completed a Final Environmental Impact Statement and 
issued a Record of Decision. That Record of Decision was the basis for 
the existing rule, and the rationale in that document supports the 
decision set forth in this rule. A Draft Supplemental Environmental 
Impact Statement (DSEIS) has been prepared to reconsider the Record of 
Decision.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government to Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2:
    We have evaluated potential effects on federally recognized Indian 
tribes and have determined that there are no potential effects.
    Numerous tribes surrounding the greater Yellowstone area were 
consulted in the development of the Winter Use Plan and FEIS. The main 
concerns expressed by the tribes were the effects on wildlife by 
snowmobiles while operating inside the park units. The National Park 
Service is currently studying how to minimize adverse snowmobile-
wildlife interactions in the SEIS. During the winter use season 2002-
2003, the NPS will again provide additional staff presence to enforce 
existing regulations and educate visitors about proper snowmobile use 
in order to reduce conflicts between snowmobiles and wildlife. This 
rule has no effect on tribal lands or trusts.
    Drafting Information: The principal contributors to this final rule 
are Robert J. Maguire, North District Ranger, Grand Teton National 
Park; Kym A. Hall, NPS Regulations Program Manager; and Barry Roth and 
Debra Hecox, Attorney-Advisors, Solicitor's Office.

List of Subjects in 36 CFR Part 7

    District of Columbia, National Parks, Reporting and recordkeeping 
requirements.

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

    1. The authority for part 7 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also 
issued under D.C. Code 8-137(1981) and D.C. Code 40-721 (1981).

    2. In Sec.  7.13, remove and reserve paragraph (l)(2), revise the 
introductory text of paragraph (l)(5), revise the introductory text of 
paragraph (l)(7), revise paragraph (l)(11)(i) , and revise the dates in 
the first sentence of (l)(11)(viii) to read as follows:


Sec.  7.13  Yellowstone National Park.

* * * * *
    (l)(5) What routes are designated for snowmobile use in the park 
during the winter seasons of 2002-2003 and 2003-2004? During the winter 
use seasons of 2002-2003 and 2003-2004, the following routes are 
designated for snowmobile use:
* * * * *
    (l)(7) What limits are established for the number of snowmobiles 
permitted to use the park each day? For the winter use season 2003-
2004, the numbers of snowmobiles allowed to use the park each day are 
listed in the following table:
* * * * *
    (l)(11)(i) Snowcoaches , and during the winter use seasons of 2002-
2003 and 2003-2004 snowmobiles, may not be operated in the park between 
the hours of 9 p.m. and 7 a.m. except by authorization.
* * * * *
    (l)(11)(viii) During the winter season of 2003-2004, snowmobiles 
must be accompanied by an NPS permitted guide and may not travel in 
groups of more than 11 snowmobiles.
* * * * *

    3. In Sec.  7.21, revise paragraph (a)(1), remove and reserve 
paragraph (a)(2), revise paragraph (a)(4) introductory text, revise 
paragraph (a)(5) introductory text, and revise paragraph (a)(9)(vi) to 
read as follows:


Sec.  7.21  John D. Rockefeller, Jr., Memorial Parkway.

* * * * *
    (a)(1) May I operate a snowmobile in the Parkway? You may operate a 
snowmobile in the Parkway in compliance within the public use limits 
and operating conditions established in this section until the end of 
the winter use season of 2003-2004 at which time snowmobile use in the 
Parkway is prohibited except for essential administrative use and in 
emergency situations as determined by the Superintendent.
* * * * *
    (a)(4) What routes are designated for snowmobile use in the Parkway 
in the winter use seasons of 2002-2003 and 2003-2004? During the winter 
use seasons of 2002-2003 and 2003-2004, the following routes are 
designated for snowmobile use:
* * * * *
    (a)(5) What limits are established for the number of snowmobiles 
permitted to use the Parkway each day? For the winter use season 2003-
2004, the numbers of snowmobiles allowed to use the Parkway each day 
are listed in the following table:
* * * * *
    (a)(9)(vi) Snowcoaches, and during the winter use seasons of 2002-
2003 and 2003-2004 snowmobiles, may not be operated in the park between 
the hours of 9 p.m. and 7 a.m. except by authorization.
* * * * *

    4. In Sec.  7.22, revise paragraph (g)(1), remove and reserve 
paragraphs (g)(2) and (g)(3), revise paragraph (g)(4), revise paragraph 
(g)(6), and revise paragraph (g)(7)(vi) to read as follows:


Sec.  7.22  Grand Teton National Park.

* * * * *
    (g)(1) May I operate a snowmobile in Grand Teton National Park? 
During the winter use seasons of 2002-2003 and 2003-2004, you may 
operate a snowmobile on the routes and areas designated in paragraphs 
(g)(4) and (g)(6) of this section in compliance with public use limits 
and operating standards established by the Superintendent. Effective 
the winter use season of 2004-2005, snowmobile use will be restricted 
to the routes and purposes in paragraphs (g)(10), (11), (12), and (13) 
of this section. All other snowmobile use is prohibited, except for 
essential administrative use and in emergency situations as determined 
by the Superintendent.
* * * * *
    (g)(4) Effective until the end of the winter use season 2002-2003, 
the following water surface is designated for snowmobile use: The 
frozen surface of Jackson Lake.
* * * * *
    (g)(6) What routes and limits are designated for snowmobile use in 
the park during the winter use seasons of 2002-2003 and 2003-2004? For 
the winter use seasons of 2002-2003 and 2003-2004, the Continental 
Divide Snowmobile Trail along U.S. 26/287 from Moran to the eastern 
park boundary and along U.S. 89/287 from Moran to the north park 
boundary is designated for snowmobile use. The Superintendent may open 
or close this route after taking into consideration the location of 
wintering wildlife, appropriate snow cover, and other factors that may 
relate to public safety. During the winter use season of 2003-

[[Page 69478]]

2004 a maximum of 25 snowmobiles are allowed to use this route each 
day.
* * * * *
    (g)(7)(vi) Snowcoaches, and during the winter use seasons of 2002-
2003 and 2003-2004 snowmobiles, may not be operated in the park between 
the hours of 9 p.m. and 7 a.m.
* * * * *

    Dated: November 8, 2002.
J. Steven Griles,
Deputy Secretary of the Interior.
[FR Doc. 02-29028 Filed 11-15-02; 8:45 am]
BILLING CODE 4310-70-P